NDAA FOLLOW-UP AND FURTHER TREASONOUS ACTS
By Michael LeMieux
January 4, 2012
Directly on the heels of the National Defense Authorization Act (NDAA), that arguably makes US Citizens detainable by the military, comes the coup de grace in the form of a new bill called the “Enemy Expatriation Act.”
But before I get into this bill let me preface that with a few observations.
First, our nation was founded upon the principle of individual liberty and self-determination. A belief that all men were created equal and endowed by our creator with certain unalienable rights imbued within each of us at the time of our birth. We did not, and do not, derive our rights from government and therefore cannot legally have them taken from us by that government.
Second, as our Declaration of Independence states, the purpose of government is to secure the rights of its citizens, and as important, they derive their powers from the consent of the people. I ask you to think upon the following question in light of the previous statement: If the government derives its power from the people, how can the government wield power that the people do not have? If the people do not have such a power then the government, on their behalf, cannot likewise yield such power.
Third, the federal government was created by consent and compact, a Constitution. Within that Constitution the branches of government were laid out, defined, and scope assigned. Each branch of government was given certain powers to act for the betterment of the nation as representatives of a collective set of nation states that recognized the need for a single voice in foreign matters and as an arbiter between the states to ensure regular trade and commerce between the states and settle disputes.
To ensure that the federal government did not go further than the prescribed powers they enumerated the legislative powers of the government to a few distinct areas (Article 1, Section 8). But they went a step further, to emphasize the point to the federal government and to put to rest some resistance within the states, that federal government would not stay confined, they added the Tenth Amendment stating: “The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.”
Now I ask of you; with the enormity of our federal government, with its massive spending, size, and laws that reaches into every aspect of every citizen’s life, is our government today one of limited power? I think the answer is a blatant no.
So how does a government, such as ours, go from limited power that literally had no direct impact on the lives of the citizens of the states to one of tyrannical proportions? You cannot make improvements to your own property without permission and paying a tribute. You have the flow of toilets and shower heads dictated to you on what you can and cannot have. We have been using incandescent light bulbs for years but now the government is forcing you to use highly toxic, mercury filled, bulbs (for our own good). And the list of expansive government powers is as long as the list of government agencies and sub-agencies within the federal government. But it did not happen overnight.
We have heard from those of this administration that they do not want crises to go to waste. This is not a new concept – every major governmental expansion has been preceded by one crises or another, manufactured or real, it does not matter. Politicians know that they can take advantage of the public, using their positions of power, during times of national crises and pass laws they know they would not be able to do otherwise.
Inch by inch, nudge by nudge, taking more and more power with each passing legislative session until one day we will (have) awake to find ourselves living under an unconstitutional tyrannical government. I do not say this lightly, I have spent most of my adult life in the service of my country and have offered up my life if need be, but I am abhorred by what I have seen her become.
This brings me to this newest legislation by “our representatives” in Congress. This is Senate bill S. 1698, entitled as the “Enemy Expatriation Act.” This bill is two pages, a novelty in the age of 1,000+ page bills, and states (relevant parts):
SEC. 2. LOSS OF NATIONALITY.
(a) IN GENERAL.—Section 349 of the Immigration and Nationality Act (8 U.S.C. 1481) is amended—
(1) in subsection (a)—
(A) in each of paragraphs (1) through (6), by striking ‘‘or’’ at the end;
(B) in paragraph (7), by striking the period at the end and inserting ‘‘; or’’; and
(C) by adding at the end the following: ‘‘(8) engaging in, or purposefully and materially supporting, hostilities against the United States.’’; and
(2) by adding at the end the following:
‘‘(c) For purposes of this section, the term ‘hostilities’ means any conflict subject to the laws of war.’’
(b) TECHNICAL AMENDMENT.—Section 351(a) of the Immigration and Nationality Act (8 U.S.C. 1483(a)) is amended by striking ‘‘(6) and (7)’’ and inserting ‘‘(6), (7), and (8).”
————— End of Bill
For those not familiar with legislative bills there may not be anything that stands out from the above bill wording – and that is by design. By just reading the words above, under the title of “Immigration and Nationality Act”, we see that this affects those people who are “engaging in, or purposefully and materially supporting, hostilities against the United States.”
One would reasonably conclude that what they are talking about would be those terrorist spies who come to America and gain citizenship and use that access to attack us, right? I’m sure that is part of the reasoning but who else is caught up in this legislation and would be affected by it?
Well if we look at the underlying US Code that it is modifying we see that the “who” this is targeting is (8 U.S.C. 1481):
“(a) A person who is a national of the United States whether by birth or naturalization, shall lose his nationality by voluntarily performing any of the following acts with the intention of relinquishing United States nationality—“(Emphasis added)
Just as the wording was placed in the NDAA to include US Citizens here too you have to follow the crumbs of obfuscated law back to the source. And if you have any doubt that a national, born or naturalized, is a “Citizen of the United States;” Black’s Law Dictionary, Version 7 gives the generic and specific definitions. The common term national means simply “a member of a nation.” Then under the specific “national of the United States,” and this is who our laws are written for, it states “A citizen of the United States or a noncitizen who owes permanent allegiance to the United States… Also termed U.S. national; U.S. citizen.” In the eyes of the government the terms are synonymous.
This law could have been written to be very specific by stating that any naturalized citizen engaged in these activities would fall under this law, but they did not. Are they inept, stupid, morons? Some may think so; I think they knew exactly who they were targeting.
We have seen and heard from the Department of Homeland Security of persons they consider a threat to national security and to the government of the United States. They are returning combat veterans who would have the skill of arms and combat, single issue voters such as abortion, gun rights, 10th Amendment, etc., people with Ron Paul bumper stickers or gun rights bumper stickers, or people who believe in the Constitution. These people have been portrayed by the DHS, and the FBI as potential terrorists.
Let me pose a hypothetical scenario to you: let’s say that government X over many decades or even centuries has slowly become oppressive and tyrannical toward its own people and was operating outside of the lawful powers it was given by those people. After years of voting, replacing representatives, and using the governmental systems of change the government still gets worse and worse. One day a few sporadic individuals across the nation decided to try and stop this encroachment by whatever means necessary. How would that tyrannical government portray those individuals? As a terrorist? As a belligerent? Would they try and strip them of their citizenship so they would not have the protections of law and can be dealt with as enemy of the government – though they are clearly not enemies of the people, for they are of the people.
This is exactly what they are trying to do with this legislation. But what is even more insidious is that they state that because you strive to protect your nation against all enemies, foreign and domestic, that because you disagree with the government (not the Constitution) that you, by your actions have committed an “act of expatriation… [and] shall be presumed to have done so voluntarily.”
We have already seen the expansion of who the government considers a terrorist threat, which by the way include some retired generals and high ranking military personnel. Now they can just nudge the law just a little bit and have American citizens deemed enemies of the federal government, strip them of their citizenship and treat them as they see fit.
If at any time in our history we needed men and women to stand for what is right, not just what is easy, and to obey your oath to the Constitution of the United States, IT IS NOW! You did not swear to support a government, a general, a President, or any other person of any position, you swore and oath to Support and Defend the Constitution. Not a piece of paper but the ideals of Liberty and Freedom, the last vestige of true freedom upon the face of this earth
Now is the time to tell Washington they are wrong, they have overstepped their Constitutional authority and must stand down.
How do we do this? Through our state governments! We must phone, visit, email, write letters, create groups of concerned citizens and demand that they stop this continual infringement on the state and the people’s powers and pass laws that will make unconstitutional federal laws enacted within their boundaries a crime to enforce and arrest any federal agent trying to do so in your state.
The federal government has enjoyed a long train of usurpation of powers through legislative trickery such as what we have seen over the past 50 years, from both sides of the isle. It is not a Republican or Democrat issue it is a Liberty and Tyranny issue. If we do not fight this now through the peaceful channels left for us we will undoubtedly fight them in the most horrific way. I have seen the horror of battle first hand and we do not want this on our shores, but there is a groundswell that sees too much of history being repeated here that will lead to nothing good if we do not stop this now and return to the rule of law and the basis of the that law is the Constitution.
© 2012 Michael LeMieux – All Rights Reserved
Michael LeMieux is the President of Nebraska Oath Keepers and author of the book entitled “Unalienable Rights And The Denial Of The U.S. Constitution”.
You can order your copy here:
Michael LeMieux was born in Midwest City, Oklahoma in 1956 and graduated from Weber State University in Utah with a degree in Computer Science. He served in both the US Navy and US Army (Active duty and National Guard) and trained in multiple intelligence disciplines and was a qualified paratrooper. He served with the 19th Special Forces Group, while in the National Guard, as a Special Forces tactical intelligence team member. He served tours to Kuwait and Afghanistan where he received the Purple Heart for injuries received in combat.
Mr. LeMieux left military duty at the end of 2005 after being medically discharged with over 19 years of combined military experience. He currently works as an intelligence contractor to the US government.
Michael is a strict constitutionalist who believes in interpreting the constitution by the original intent of the founding fathers. His research has led him to the conclusion that the republic founded by the Constitution is no longer honored by our government. That those who rule America today are doing so with the interest of the federal government in mind and not the Citizens. Michael believes that all three branches of government have strayed far from the checks and balances built into the Constitution and they have failed the American people. A clear example is the Second Amendment, which the Supreme Court and the founders have all said was an individual right and could not be “infringed” upon, now has more than 20,000 state and federal laws regulating every aspect of the individuals right, a definite infringement. He has traveled around the world living in 14 States of the Union including Hawaii, and visited (for various lengths of time) in Spain, Afghanistan, Kuwait, Korea, Scotland, Pakistan, Mauritius, Somalia, Diego Garcia, Australia, Philippines, England, Italy, Germany, and Puerto Rico.
Michael now lives in Nebraska with his wife, two of his three children, Mother-in-Law and grandchild. His hobbies include shooting, wood-working, writing, amateur inventor and scuba diving when he can find the time.
Contact Michael through his Website: www.constitutiondenied.com
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